BACALSO VS PADIGOS

G.R. No. 173192, April 14, 2008
CARPIO MORALES, J
FACTS: The case at bar involves a parcel of land located in Inayawan, Cebu, covered
by Original Certificate of Title No. RO-2649 (0-9092) in the name of 13 co-owners.
Maximo Padigos, Flaviano Mabuyo, Gaudencio Padigos, Domingo Padigos, and
Victoria P. Abarquez, who are among the herein respondents and are heirs of some
of the co-owners of the property, filed before the RTC of Cebu City, a Complaint
against Rosendo Bacalso and Rodrigo Bacalso who are among the herein
petitioners, for quieting of title, declaration of nullity of documents, recovery of
possession, and damages.
Respondents alleged that the therein defendants-petitioners Rosendo and Rodrigo
are heirs of Alipio Bacalso, Sr. who, during his lifetime, secured Tax Declarations
covering the lot without any legal basis; that Rosendo and Rodrigo have been
leasing portions of the lot to persons who built houses thereon, and Rosendo has
been living in a house built on a portion of the lot; and that demands to vacate and
efforts at conciliation proved futile, prompting them to file the complaint at the RTC.
On the other hand, petitioners Rosendo and Rodrigo claimed that their father Alipio,
Sr. purchased via deeds of sale the shares in the lot of Fortunata, Simplicio,
Wenceslao, Geronimo, and Felix from their respective heirs, and that Alipio, Sr.
acquired the shares of the other co-owners of the lot by extraordinary acquisitive
prescription through continuous, open, peaceful, and adverse possession thereof in
the concept of an owner since 1949.
Herein respondents, with leave of court, filed an Amended Complaint and a Second
Amended complaint impleading as additional defendants Alipio, Sr.’s other heirs and
also heirs of registered co-owner Maximiano Padigos. In their Answer, petitioners
contended that the Second Amended Complaint should be dismissed in view of the
failure to implead other heirs of the other registered owners of the lot who are
indispensable parties. A Third Amended Complaint was thereafter filed with leave of
court impleading as additional plaintiffs the heirs of Wenceslao Padigos, and the
heirs of Felix Padigos.
After trial, the RTC decided in favor in the therein plaintiffs-herein respondents.
Upon appeal, the CA also affirmed the RTC’s decision. Petitioners filed the present
Petition for Review on Certiorari, faulting the Court of Appeals when it ruled, among
others, that the Second Amended Complaint is valid and legal, even if not all
indispensable parties are impleaded or joined.
Respondents admit that Teodulfo Padigos, an heir of Simplicio, was not impleaded
but that the omission did not deprive the trial court of jurisdiction because Article
487 of the Civil Code states that “any of the co-owners may bring an action in
ejectment.”
ISSUE: Whether or not the case should be dismissed because of the non-inclusion of
some of the heirs of the co-owners claimed to be indispensable parties in the
complaint

and the joinder of all indispensable parties under any and all conditions. It is precisely “when an indispensable party is not before the court (that) the action should be dismissed. declaration of nullity of documents. and damages. not only as to the absent parties but even as to those present. their presence being a sine qua non for the exercise of judicial power.HELD: Respondents’ contention does not lie. .” The absence of an indispensable party renders all subsequent actions of the court null and void for want of authority to act. The action is for quieting of title. The general rule with reference to the making of parties in a civil action requires. Court of Appeals defines indispensable parties under Section 7 of Rule 3. As such. Rules of Court as follows: Parties-in-interest without whom there can be no final determination of an action. recovery of possession and ownership. of course. the joinder of all necessary parties where possible. they must be joined either as plaintiffs or as defendants. Arcelona v.